By Linny Folau

Tevita Matangi was found guilty of two charges of causing grievous bodily harm to Mateaki Hafoka (29) and Sikuvea Fifita (26), when he attacked them during a drunken altercation at Talau in Vava’u in October, 2023.

Justice Tupou in a verdict, convicted him of both charges on 30 September in Nuku'alofa, after a trial at the Supreme Court Vava'u Registry on 11 September.

The Prosecution called seven witnesses, including Sikuvea Fifita who gave evidence that on the evening of 20 October 2023, he was drinking at his home with Sione Toki.

He claimed that at around 7:00pm, they headed to the “Pua” Bar in Neiafu. During the night, Sione wandered off. Sikuvea heard Sione call him from inside a van with the accused and Mateaki. At around 1:00am the next morning they went to Talau to Lamipuli’s residence and continued consuming alcohol.

The drinking party consisted of Sikuvea, Mateaki, the accused, Lamipuli, Sione Toki and two girls. Both complainants identified that they drank outside on the cement slab and grass area adjacent to the house. It was said that there was reasonable light from the house right up to the fence.

The accused and Sione were chatting nearby and got into a fight. Mateaki stopped them. Sione and the two female companions left. Those that remained returned to drinking. Shortly after, the accused attacked Sikuvea. He got up and the two of them fought. They were stopped by Mateaki. The accused then went inside Lamipuli’s house while Sikuvea was talking with Mateaki. He had his back to the house while Mateaki faced it.

Sikuvea claimed that he heard Mateaki say something about a “helepelu” (machete). He ran toward the fence earlier described, to hide. He saw the accused coming towards him holding the machete up over his head. When the accused got to him, Sikuvea jumped up and tried to disarm him of the machete. He was struck by the machete before he could get a hold of the accused’s hands. He was unaware of his injuries at that point

The judge had listened and observed Sikuvea and Mateaki carefully in the witness box as they gave their evidence.

“I found Sikuvea to be a reliable witness and prefer his version of the facts. Where it clashed with Mateaki’s, I prefer his.”

Attacks

Moreover, the judge accepted Sikuvea’s evidence that the last altercation was initiated by the accused attacking him. After Mateaki intervened, the accused went inside the house, obtained a machete with the intention of launching an attack on Sikuvea.

Sikuvea heard Mateaki mention the word “helepelu” and fled to hide. The accused followed only Sikuvea to where he hid. There is nothing in the evidence to show he was after anyone else in the group. When Sikuvea jumped up to disarm him of the machete, he was struck on the right arm sustaining the injuries described by Doctor Tatila.

Mateaki intervened to stop them and was struck by the accused, albeit by accident, causing his injuries. At that point, both complainants say there was no one else around, it was just the three of them. Mateaki denied seeing any sharp object, a machete or otherwise during the last fight. He mentioned seeing a machete for the first time in answer to a question from the bench where he described seeing Sikuvea with the machete in his hand and walking towards him after the fight.

The judge added that the Crown submitted that she take into account that Mateaki was severely injured at that point and had lost a lot of blood.

“I do not need to, because I find that part of his evidence inconsistent with him warning Sikuvea about the machete as the accused was coming out of Lamipuli’s house. There was no reason for Sikuvea to make up that warning and act on it as he did for fear being attacked. I am unable to say the same about Mateaki. As the accused is his friend he had reason to protect him. In fact, in all three fights, the accused was involved and initiated the attack on Sikuvea.

“Mateaki’s interventions during the said fights were to protect the accused. I find that his half whispered uncertain answer that Sikuvea was holding the machete at the end of the last fight was an attempt to shift the blame to Sikuvea and save his friend, the accused. I prefer Sikuvea’s evidence that the machete fell to the ground and that’s where the police officers found it.”

“I have already indicated that I accept Sikuvea‟s evidence that after he managed to disarm the accused of the machete he went onto the road. The evidence relating to the location of the machete is consistent with Sikuvea’s evidence. I prefer Sikuvea and Constable Mahe’s evidence on this point. If Mateaki‟s evidence was to be believed, the machete ought to have been located on or near the road. The evidence did not establish that,” stated the judge.

In addition, she pointed out two further instances where the accused’s conduct was consistent with guilt as opposed to innocence.

“Firstly, when Sikuvea openly accused him at the hospital in front of others, for striking them and causing their injuries, the accused said he was sorry. Here was the opportunity for him to publicly deny he had a machete and that he struck them with it, he did not take the opportunity. That behaviour is inconsistent with the behaviour of someone who was innocent but consistent with behaviour of someone who felt guilt.

“He also, out of his own free will asked to see Officer Atoa and told him without warning that he felt guilty because he was the one that caused Mateaki and Sikuvea’s injuries. Again, that is behaviour inconsistent with conduct of an innocent person but consistent with behaviour of someone with guilt. Even if I were to ignore the accused’s admission to Officer Atoa, I am satisfied that it makes no impact on the Crown’s case. As there was no evidence to dispute the officer’s evidence I am bound to accept his version,” the judge stated.

“Meanwhile, the conduct of the police officers involved in the early hours of 21 October, 2023 in responding to the call for help from Talau and thereafter commendable. Their prompt and thoughtful response saved the complainants’ lives. At the same time, while in custody, the accused was treated fairly and I found the criticism of their work unwarranted,” she stated.

The judge also found Doctor Tatila a credible and reliable witness.

“The quick, sound, effective judgment calls and action on his part in treating the complainants were nothing short of heroic. The fact that he was able to treat and stabilise the complainants in Vava’u prior to evacuating them to Nuku’alofa is impressive.”

She also accepted that Sikuvea’s injuries was about 5cm deep. It damaged 6-7 muscles, arteries and veins. The result was that Sikuvea is unable to lift any heavy objects or do any work with that dominant arm. His last three fingers are crooked and cannot fold. She also found that Mateaki’s injuries were more severe and as the doctor said, if treatment was delayed for an hour, it would have been fatal.

"For all of the above reasons, I am satisfied that the Prosecution has proven each of the charges against the accused beyond reasonable doubt and I find the accused guilty on both counts on his indictment."